Iowa Admin. Code r. 661-277.9 - Denial, suspension, or revocation of licensure; civil penalties; and appeals
The department may deny, suspend, or revoke the license of a
(1)
Denial. The department
may deny an application for licensure:
a. If
the applicant makes a false statement on the application form or in any other
submission of information required for licensure. "False statement" means
providing false information or failing to include material information, such as
a previous criminal conviction or action taken by another jurisdiction, when
requested on the application form or otherwise in the application
process.
b. If the applicant fails
to meet all of the requirements for licensure established in this
chapter.
c. If the applicant is
currently barred for cause from acting as an alarm system contractor or
technician in another jurisdiction.
d. If an applicant has previously been barred
for cause from operating in another jurisdiction as an alarm system contractor
or technician and if the basis of that action reflects upon the integrity of
the applicant in operating as an alarm system contractor or technician . If an
applicant is found to have been previously barred for cause from operating as
an alarm system contractor or technician in another jurisdiction and is no
longer barred from doing so, the department will evaluate the record of that
action with regard to the likelihood that the applicant would operate with
integrity as a licensed contractor or technician . If an applicant is denied
under this provision, the applicant will be notified of the specific reasons
for the denial.
e. Conviction of a
felony offense, if the offense directly relates to the profession or occupation
of the licensee, in the courts of this state or another state, territory or
country. "Conviction" as used in this subrule includes a conviction of an
offense that if committed in this state would be a felony without regard to its
designation elsewhere, and includes a finding or verdict of guilt made or
returned in a criminal proceeding even if the adjudication of guilt is withheld
or not entered. A certified copy of the final order or judgment of conviction
or plea of guilty in this state or in another state constitutes conclusive
evidence of the conviction. If an applicant is denied under this provision, the
applicant will be notified of the specific reasons for the denial.
f. Knowingly making misleading, deceptive,
untrue or fraudulent representations in the practice of the licensee's
profession or engaging in unethical conduct or practice harmful or detrimental
to the public. Proof of actual injury need not be established.
g. Willful or repeated violations of the
provisions of this chapter.
(2)
Suspension. A suspension
of a license may be imposed by the department for any violation of these rules
or Iowa Code chapter 100C or for a failure to meet any legal requirement to
operate as an alarm system contractor or technician in this state. Failure to
provide any notice to the department as provided in these rules will be grounds
for suspension. An order of suspension will specify the length of the
suspension and will specify that correction of all conditions that were a basis
for the suspension is a condition of reinstatement of the license even after
the period of the suspension.
(3)
Revocation. A revocation is a termination of a license. A
license may be revoked by the department for repeated violations or for a
violation that creates an imminent danger to the safety or health of
individuals protected by an alarm system incorrectly installed by a certified
contractor or technician or when information comes to the attention of the
department which, if known to the department when the application was being
considered, would have resulted in denial of the license. A new application for
licensure from a contractor or technician whose license had previously been
revoked will not be considered for a period of one year after the effective
date of the revocation and, in any event, until every condition that was a
basis for the revocation has been corrected. The department may specify in the
revocation order a longer period than one year before a new application for
licensure may be considered. When a new application for licensure from a
contractor or technician whose license was previously revoked is being
considered, the applicant may be denied licensure based upon the same
information that was the basis for revocation even after any such period
established by the department has expired.
(4)
Disqualifications for criminal
convictions limited. A person's conviction of a crime may be grounds
for the denial, revocation, or suspension of a license in circumstances
authorized by Iowa Code section
272C.15.
(5)
Civil penalties. The
department may impose a civil penalty of up to $500 per day during which a
violation has occurred and for every day until the violation is corrected. A
civil penalty may be imposed in lieu of or in addition to a suspension or may
be imposed in addition to a revocation. A civil penalty will not be imposed in
lieu of a revocation.
(6)
Appeals. Any person subject to denial, suspension, or
revocation of a license, or any civil penalty imposed upon a licensed
contractor or technician under this rule, may appeal by requesting a contested
case hearing, in writing, within 14 days. An appeal ofa civil penalty is
subject to the provisions of 481-Chapters 9 and 10 governing contested
cases.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.